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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Civil Justice in the Age of Human Rights (Paperback)
Loot Price: R1,717
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Civil Justice in the Age of Human Rights (Paperback)
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The end of the last century witnessed two major events in the field
of civil justice: the Civil Procedure Rules (CPR) came into force
and the Human Rights Act (HRA) gave effect to the European
Convention on Human Rights. This volume assesses the effect of the
Act and attempts to reconcile the expediency and efficiency
essential to modern civil justice with the need for recognition of
human dignity and equality inherent to human rights. The book is
primarily concerned with the effects of the HRA on civil procedure
and, in particular, the effects on the CPR. It examines the view
that the new civil procedure regime could be susceptible to HRA
challenges. More specifically, the work discusses whether there are
differences between the CPR and the ECHR ideas of what constitutes
a fair trial or just decision and between their views of
proportionality. The study notes the differences between common and
civil law and discusses whether there is any coming together with
other European systems. This book will be a valuable resource for
academics and researchers as well as lawyers and judges with an
interest in the practical implications of the HRA.
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